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tv   CBS 5 Eyewitness News at 5PM  CBS  January 5, 2011 6:00pm-6:30pm PDT

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to get them activated again. >> reporter: but when she did that, she was accused of theft even though she had the right. >> it's embarrassing when it doesn't work and you hand it out you know, people probably don't know what to think. >> reporter: dave was also embarrassed but not by a store clerk. by his employees when they told him their christmas gifts -- >> two of them went through their supervisor to and the other one said to me it didn't work. >> reporter: two best buy cards and one for starbucks but in his case they were purchased at safeway which owns the company blackhawk that manufacturers the cards. safeway told them to submit a claim and fax a right. but after waiting weeks for a response he called back. >> they said they were really backed up. they had thousands of these claims this year. >> reporter: that's when he called cbs 5 and we began investigating. we have come across at least 11 invalid starbucks or best buy gift cards all purchased at safeway or lucky. representatives from lucky tell us they had no idea there was a problem with the cards but safeway say they know what's
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going on. turns out the problem is in the packaging. in a statement to consumerwatch they say, we sincerely apologize to any customers who experienced a problem with these particular gift cards. over the past year, due to concern over possible tampering and fraud, card vendors have changed their packaging to better protect all consumers. unfortunately, the cards purchased in this situation were part of an older inventory with older packaging. >> all of a sudden it doesn't work. >> reporter: today after hearing about dave's fiasco, a safeway representative personally delivered him new gift cards along with a batch of cookies. >> i just want a refund. that's all i want. >> reporter: that's what she got. late this afternoon, lucky called to apologize and offered her money back. lucky now says they are clearing their shelves of all the best buy and starbucks cards and safeway, which owns the company that manufacturers the cards, said they will reimburse compromised cards from either store but how do you know if have one? first, look at the packaging. if there is a window that allows you to see the number,
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your card could be compromised. this time last year, a crime ring began stealing those numbers and then using them before the person who bought the card could use it themselves. now, if you find out your card is compromised, the next step is if compromised on store or online. if it is compromised we put a link on our website to blackhawk and they will reimburse you for the compromised card. allen? >> i might have one of those given by somebody here at the station. >> this is my card, a gift from my mom. and you know? we found a bunch of people around the station who had them, as well. >> it's embarrassing if you gave it. thank you. we are following developing news in the south bay. a young girl was hit by a school bus. now, this happened in milpitas at the intersection of roswell and edsel drives where len ramirez is with how that middle schooler is doing tonight. len. >> reporter: she is not doing too badly from what we have been told by witnesses who saw her up and around walking and
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talking after getting knocked over by this school bus right here at this intersection. but she was taken to the hospital just to be checked out. this all happened at about 2:00 this afternoon here at the intersection which is a four- way stop. now, two middle schoolgirls were in the crosswalk trying to cross roswell street on their way home. at the same time, a milpitas unified school bus loaded with 17 kindergarteners through second graders was trying to get through the intersection turning left. >> the bus driver was completing her route, bringing the students to one of our school sites. and apparently, she was beginning to make a turn. she looked both ways and unfortunately, middle school student stepped off the curb and fortunately, the bus driver did see her in time to hit the brakes and the student didn't sustain any major injuries. >> reporter: should the bus
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have waited for the girl to cross? >> well, obviously, it's one of those things that, you know, children always have the right of way and they were there lawfully and so... we're still doing the investigation, of course. >> reporter: the students on the bus at the time -- no students on the bus at the time were hurt but they remained on the bus after the collision to wait to be picked up one by one by their parents. the other middle school girl that was with the girl that was hit was not hurt. she was taken home by her parents, as well. as for the bus driver, allen, she is a very experienced and well liked bus driver in the milpitas unified school district. we are not sure if she is going to be taken off on leave while this investigation goes on. but she was backing the bus up out of here and drove it away. >> anxious moments for parents, too. len, thanks so much. tonight, san francisco's top cop says that yesterday's police shooting of a mentally disturbed man could have been avoided. that is, if one police force
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policy was different. phil matier tonight on what the chief wants to change. phil. >> reporter: you know, allen, it's been an ongoing story here in san francisco for over a year. what to do in situations like that and whether or not to bring in a piece of machinery that other departments use but so far in san francisco it's been no go. here's the story. >> that's unnecessary. >> reporter: it's still under investigation. but one big question on the day after the police shooting of a mentally disturbed knife wield be man in a wheelchair is, could it have been prevented? police chief george gascon says yes but it means police using tasers, something the city has been unwilling to give them. >> a taser more than likely would have ended this scenario probably at the earlier stages. but we don't have a taser. we know that during that time when we use the pepper spray, right around that time is when the officer tried to take control of him and got stabbed.
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then we know that we used a beanbag shotgun which, frankly, is a very ineffective weapon. >> reporter: last year the chief's request to arm police with the electronic stun guns was rejected by the civilian police commission who are concerned over both the cost and the safety of the weapons, something taser critics still question. >> it's important to understand that tasers are not a simple alternative to firearms. they are a serious use of force. it's a false belief to think they are harmless. >> reporter: the police commission president says it's time for a second look. >> first address mental health issues which is the major issue that our officers are dealing with on the street right now. and then from there, we are going to separate the two and move into review of whether or not the police officers should have the tasers in their use of force toolbox. >> it's clear to me from the most recent incidents yesterday and last week that officers are in dire need of additional training in how to deal with mentally ill people. >> if i had a family member with mental illness issues and the police had to confront the
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person, i prefer a taser to a service weapon. >> reporter: as for the chances of getting approval this time, do you think they will go for it or not? >> i can't predict how people are going to vote. >> reporter: well, there is indeed continuing controversy over it. i spoke with another police commissioner who said that she had doubts about whether tasers were the way to go, especially now in these lean budget times. but allen, i'm telling you, the police top cop said that he is going to put it before the commission by february. this is a different commission than last year. and he is hoping it will get passed. meanwhile, the officers involved in the shooting are on leave and the investigation into the shoot something going on, four different investigations being done into what happened. allen? >> we'll stay with them all. phil matier, thanks. got some breaking news for you right now. live pictures courtesy of chopper 5 which is over the aftermath of a high-speed police chase. from what we understand, this started on i-880. the driver of that car there exited the freeway at fifth avenue in oakland and that's
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where the chase ended. police have arrested that driver. but it's not really clear -- look, you can see how many cop cars were chasing him. not clear exactly what started this whole chase, what they wanted him for in the first place. we're working on that but we can tell you no reports of anybody getting hurt in this. and oakland police are searching for suspects in a bloody shooting rampage that left one person in critical condition tonight. officers responded to a call that two people had been shot on 89th avenue near d street in east oakland. that was just after 9:30 last night. shortly after that, four other people arrived at a nearby hospital with gunshot wounds. now, one of those wounded was an innocent bystander who was hit by a rifle round as he was watching tv. >> very dangerous weapons. it's not -- they just don't stop when they hit something. they go through things. and we saw that last night when it went through a house and struck somebody in the back. so we're very lucky on this one that no one was killed and we
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need to get these dangerous people off the street police looking for at least two gunmen who fired those rifles and their motive. next, hundreds of thousands of dollars donated after the san bruno disaster. so why hasn't anybody been given a penny of it? a stanford student assaulted on campus, the quick smart move that forced that suspect to take off. it was really scary. >> a terrifying wake-up call. flames ripped through a north bay neighborhood. the challenges firefighters faced when they got there. and as transfer in power brings a new leader to tears.
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11:30:59 "it just sounded like pop pop pop, it nearly 50 firefighters were called to battle a three- alarm house fire in san rafael this morning. >> it just sounded like pop, pop, pop, pop. and it was really scary. >> neighbors on maywood way called 911 when that fire broke out about 3 a.m. the home on fire was apparently vacant. the fire started in the garage, but then they say it quickly spread to a neighboring house. >> it was very scary. >> it looked like that house was on fire right next to us and i thought we were going to go up next. >> the neighbors did get out
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safely. the home was being remodeled police at stanford university are advising students not to walk alone after a man attacked a student monday night. the woman said that a man called out to her, then grabbed her from behind and put his hand over her mouth. the woman tried to bite the man's hand. that caused him to run off. the attacker described as white, in his 40s with a moustache or goatee, with brown hair and a thin build. campus police urging students, walk in pairs, never alone, and always try to carry your cell phone about 120 bay area fishermen will share a settlement of more than $3.5 million that stems from the oil spill in san francisco bay back in 2007. the money comes from two companies that owned and operated the costt cosco busan.
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it killed thousands of birds. the city of san bruno is deciding how to spend nearly $400,000 after the september pipeline blast, the city collected $380,000 in donations. the leaders are discussion how to use the money and victims are getting a chance to weigh in. shock over a u.s. supreme court justice's statement. why he says the u.s. constitution does not protect women from discrimination. >> we'll be back with more. >> what a difference a month makes. how this homeless man's voice is helping him turn his life around. here from the cbs 5 weather center noticing temperatures are going downward very rapidly. the areas that we will see, another advisory. we'll pinpoint those locations as eyewitness news continues right here on cbs 5.
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god bless you speaker boehner.... yea!!!! cheers and clapping"
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power has been transferred in the house of representatives from nancy pelosi to john boehner. >> god bless you, speaker boehner. [ applause and cheers ] >> those cheers erupting among gop lawmakers when that oversized gavel was handed over, after boehner defeated pelosi in the roll call for speaker. in his remarks, boehner said tough decisions will be required of the 112th congress. >> no longer can we fall short. no longer can we kick the can down the road. the people voted to end business as usual. and today, we begin to carry out their instructions. [ applause and cheers ] >> boehner also told congress the people want a government that is honest, accountable and responsive to their needs. boehner, who is known for showing his emotions, teared up when the outgoing speaker acknowledged his family that had gathered in the house gallery. there is a shake-up at the white house tonight. the president's outspoken press
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secretary, robert gibbs, is resigning. he is going to step down early next month. gibbs says he is quitting for the less demanding and more lucrative role of paid speeches. he will advise the president from the outside world and help with mr. obama's re-election campaign. no word yet on his replacement, but an announcement should come we are told within the next two weeks. do not expect the constitution to protect women from discrimination. it's that statement that has women's rights advocates seething todayna . recent interview, supreme court justice antonin scalia does not prohibit discrimination based on gender or sexual orientation. scalia told the california lawyer publication, quote, certainly the constitution does not require discrimination on the basis of sex. the only issue is whether it's prohibited. it doesn't. he went on to say, though, if the current society wants to outlaw discrimination by sex, hey, we have things called
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legislatures. the national women's law center calls his stance shocking! but it's not the first time justice scalia has said this. he made similar remarks back in september. let's get some remarks on the weather because roberta, i was once told a woman's place is in the house and the senate. >> okay. i like that. you know, i was once standing next to the microwave over here in our cbs 5 kitchen and somebody said, why are you standing next to the microwave waiting for your food to cook when you could be setting the table? >> oh!! >> no respect. >> slap 'em. >> this is our live cbs 5 weather center. sundown at 5:04. we will see clouds developing in the form of some valley fog seeping into the northern portion of our district. also the east bay. we'll see dense fog there right now. from you out and about now, temperatures between 55 degrees for the most mild spots to 50 for the coolest and tonight, very similar temperatures to last night when we will hit
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freezing levels. last night however, did dip down to 27 degrees in santa rosa. tonight it will be freezing there. also freezing throughout the tri-valley. 41 equal to what it was overnight in san jose. low 40s common across the central bay. with the freezing temperatures and dense fog developing, we are counting on some freezing fog tomorrow morning again primarily the north and east bay areas inland which means for the roadways tomorrow morning's commute, slippery on the roads, sidewalks and overpasses. a huge block of high pressure continues to divert the storm track well to the north of the bay area. we have a couple of areas of low pressure beginning to develop out there. i'll show you how that is going to affect yourself self. but right now, you can bank on thursday panning out to be the warmest day this week. as we top off towards 61 degrees in santa cruz, also in
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salinas. >> 50s common. it's a winter "spare the air" day tomorrow. no burning tomorrow during the day or nighttime indoors or outdoors. consecutive days of sunshine. breezy over the weekend as well as a trough moving to the north of the bay area. we cloud up with a slight chance of north bay showers on monday. otherwise, widespread showers likely on tuesday into wednesday. we're talking about frost. lee klein captured it for us in napa. keep the photos coming to mypix@cbs5.com. can you see it there? right there. >> i see it right there. all right. careful of that microwave. thanks. there is a growing concern over a potentially deadly bacteria called mrsa but stronger strains are cropping up all across the country. now infectious disease experts are urging doctors to use guidelines to prevent that spread. dr. kim mulvihill has the story. >> reporter: mrsa is short for [ indiscernible ] and doctors
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often struggle with how to manage these infections. these new guidelines provide a framework on how to evaluate and treat patients with an uncomplicated or serious life- threatening infection caused by mrsa. a few years ago, a severe infection ravaged her body. >> i ended up with losing a third of my stomach, third of my pancreas, half of my small bowel, my spleen, my gall bladder and they did an appendectomy while they were there. >> reporter: mrsa is the most common cause of skin infections monday patients seen in the emergency room. it can also cause much more serious infection, killing 18,000 in the u.s. each year. because the bacteria is resistant to key antibiotics and difficult to treat. infectious disease experts are recommending new guidelines advising doctors which drugs work best and also urging not to overprescribe. >> many patients with simple
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skin abscesses will not need antibiotics. all they may require is drainage of the abscess. >> reporter: the so-called flesh-eating bacteria was initially found only in hospitals but it's now spreading in dorms, schools, daycare centers and locker rooms. >> where there was a lot of contact, like wrestling, even football players including professional football teams, have had outbreaks of mrsa. >> reporter: as for what the public can do? keep hands, cuts and scrapes clean. and don't share personal items like a toothbrush or razor. sandy wilson may have picked up mrsa at the hospital when she had a c-section. >> i knew that i had this little baby at home that i was really trying hard to get home to. >> reporter: and she considers herself lucky to have survived. they are sometimes mistaken for spieder bites and account for 60% of all emergencies in the emergency rooms.
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it can lead to endocarditis, bone infections infections of the brain or spinal cord. we take these infections very seriously. we'll be right back. ,, big. hot. pastrami. don't dare call it a cover band -- unless you're talking about covering freshly baked bread with layer upon layer of flavor-packed pastrami. this sub lays down power cords of tasteocity with pickles, mean licks of mustard and riffs of melty, bubbly cheese. catch 'em before the fresh toasted tour leaves town. subway big hot pastrami.
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well, two tickets match all the winning numbers in the mega millions jackpot. not ours! one ticket bought by a guy up at the safeway in washington, the win there are a retired man plans to bring his family tomorrow to collect the winnings. the other winning ticket purchased 125 miles away in idaho. because of the feverish sales before last night's drawing,
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the winners are going to split a $380 million prize and if they choose the lump sum each would get about $74 million after taxes. no word on the second winner yet. how about this reversal of fortune for a man some say has a voice that is heaven sent. just a few weeks ago he was down on his luck begging for money on the street and homeless but kendis gibson shows us today this former radio announcer is deciding between a number of job offers. >> you're listening to nothing but the best of oldies to magic 98.9. >> reporter: that was ted williams last month asking for change on the side of the road in columbus, ohio. now he is doing interviews and entertaining job offers. >> i mean, i have hawaii, i have ireland, i have people that are willing to fly you out to do voice work. >> reporter: his rags to riches story comes courtesy of a reporter who noticed his cardboard sign touting his god- given gift of voice. and decided to hear it for himself. >> and we'll be back with more right after these words. >> reporter: the reporter
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posted the video of william's deep baritone on the columbus dispatch's website. millions of people watched it making williams an online sensation. >> thank you so much. god bless you. >> reporter: now organizations including the cleveland cavaliers are offering him work. in his first television interview on the "cbs early show," williams says he is looking forward being a productive member of society again. >> i would like to just have a job and a home, an apartment, or anything, you know, to be able to cook in... >> reporter: williams says he went to school to develop his voice. but he got into trouble with drugs and alcohol leaving him homeless. he says he is sober now for two years and he is thankful his 92- year-old mother is alive to see him stunning reversal of fortune. >> i guess god kept her around and kept my pipes around, you know, to maybe just have one more shot. >> reporter: a shot williams promises not to take for granted this time. kendis gibson, cbs news. ,,,,,,,,,,,, ,,
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